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I'm going to take a break from blogging for the next twenty-four hours, but before I go dark, I want to wish Lawfare readers all over the world a wonderful holiday. In particular, in light of Brig.
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Parwan, Friday, November 19, 2010 -- The week’s posts up until now—written on a Blackberry while we moved or found small spaces of time between engagements—position me finally to move from the definition...
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For the past three years, Geoff Corn and I have had the great pleasure of putting on a unique workshop event loosely directed toward a combination of JAGs and junior civilian scholars working on national...
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I received the following note from Andy Worthington in response to my earlier post about his article. I appreciate very much his clarifications, which read in relevant part:
My intention was not to descr...
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United States v. Kashmiri, a recent decision by a district judge in Illinois, provides a nice illustration of the process by which defendants in criminal cases may object to the admission of evidence der...
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This is how the always-entertaining British journalist, Andy Worthington describes critics of federal court trials, including--it seems--Jack and Bobby and me, which is kind of funny considering that we ...
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Gabor Rona of Human Rights First sent me yesterday the following thoughts on Linda Moreno's earlier comments concerning military commissions from a defense perspective:
“How is my client best served?” is...
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Khost, Thursday, November 18, 2010 -- Having outlined, in theory as well as in practice, the military’s and ROLFF’s proper counterinsurgency (COIN) role in Afghanistan, it is time to blog more pointedly—...
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It will come as a surprise to nobody who has followed the many exchanges between us Lawfare folks and Steve Vladeck that Steve has written a thoughtful objection to Jack and my oped and series of posts a...
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Today in Uthman v. Obama, a habeas merits appeal before the D.C.
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My post yesterday on Israeli airline security prompted the following response from reader Steve Checkoway, a computer science PhD candidate specializing in security issues:
Mr. Wittes is incorrect to wri...
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A few days ago, in response to comments by David Remes, I asked for thoughts from criminal defense lawyers as to whether they would rather defend a terrorist case in federal court or in a a military comm...
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Kandahar City, Wednesday, November 17, 2010 -- Counterinsurgency (COIN) theory—for that is what my last post describes—is only that: theory. The current reality in Afghanistan is that the rule of law rem...
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A few days ago, Judge Dennis Jacobs (Second Circuit) gave the 10th Annual Barbara K.
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Jack's post yesterday on TSA crystalized a thought over which I have been stewing passively as this debate has unfolded. While I do not hold myself out as an expert in any sense of airline security, Jack...
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Commenting on the Ghailani prosecution a few nights ago on PBS Newshour, former Attorney General Mukasey criticized the use of a civilian court rather than a military commission. He observed that the ve...
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Here, via the excellent Secrecy News, and just in time for General Martins’ posts on the subject, is a new CRS Report entitled: Afghanistan: U.S. Rule of Law and Justice Sector Assistance.
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Kandahar, Tuesday, November 16, 2010 -- Whether contemporary U.S. counterinsurgency operations (COIN) and legal institution-building are “an attractive form of lawfare,” as Jack proposed in his 8 Septemb...
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Kabul, Monday, November 15, 2010 -- Jack Goldsmith invited me more than two months ago to write in this space about our military’s involvement in efforts to build the rule of law in Afghanistan. In his i...
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(By Benjamin Wittes, Jack Goldsmith, and Robert Chesney)
We are thrilled to be joined this week by a guest blogger: Brigadier General Mark Martins. General Martins commands the Rule of Law Field Force--...
